FORGOTTEN Administratively detained irregular migrants and asylum seekers Hellenic Police services may decide to detain an applicant concerned, in exceptional cases and if they consider that no alternative measures can be applied, when it is judged that the applicant is a danger to national security or public order for reasons explained specifically in the detention order. 4. The detention order is taken by the respective Police Director and, in the cases of the General Police Directorates of Attica and Salonica, by the competent Police Director for aliens issues and shall include a complete and comprehensive reasoning. In cases (a) and (c) of paragraph 2 of this Article, the detention order is taken upon a proposal of the Head of the respective examination authority. In case (b) the Head of the competent Regional Asylum Office or the Director of the Appeals Authority is informed immediately, who shall ensure for the prioritized examination of the application or the appeal respectively. 5. Applicants are detained in detention areas as provided in Article 31 of Law 3907/2011. 6. The detention of applicants is imposed for the minimum necessary period of time and may not, in principle, exceed three (3) months. If the applicant is already detained, the total detention period, without prejudice to the provisions of Article 30 of Law 3907/2011, may not exceed six (6) months for case (c) of paragraph 2 and twelve (12) months for cases (a) and (b) of paragraphs 2 and 3. In the last three cases, the detention may be further extended for up to six (6) months, with a newer and duly justified decision of the bodies of paragraph 4 regarding the continuation of existence of the reasons that imposed it. The detention of an applicant for international protection constitutes a ground for accelerating the asylum procedure, taking into account the possible lack of appropriate spaces and difficulties in ensuring decent living conditions of the detainees. These difficulties shall also be considered for the imposition or prolongation of detention». Law 4375/2016 modified the maximum time limit for the detention of asylum seekers. According to art. 46 par. 4 «a. The detention of applicants is imposed for the minimum necessary period of time. Delays in administrative procedures that cannot be attributed to the applicant do not justify the continuation of the detention. b. The detention of applicants for the reasons of the cases (a), (b) and (c) may last only 45 days and can be extended for another 45 days if the Asylum Service does not withdraw its recommendation for detention (par. 3) c. The detention of applicants for the reasons of cases (d) and (e) of par. 2, may not exceed three (3) months. d. Regardless of the completion of the above-mentioned limits of cases (b) and (c), the total detention period may under no circumstances exceed the limits given in article 30 of Law 3907/2011». 76

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents